- (1.) The plaintiff has filed this suit for recovery of a sum of Rs.17,38,294/ - on account of the claim arising out of the policy of insurance being insurance no.31120/8/0/91/MH/001 dated 9th April, 1990.
(2.) The case of the plaintiff in short is that on 9th April, 1990 the plaintiff took out an insurance policy by which the defendant agreed to and insured the dredger with all its dredging equipments, machineries and accessories as per proposal submitted by the plaintiff including 100 meter built in pipeline valued at Rs.75 lakhs against loss, damage, liability or expenses that should come to hurt, detriment or damage of the portable Cutter Suction Dredger including its equipments, machineries and accessories. The plaintiff claims that the defendant had agreed to cover along with other risk of total loss, constructive loss, salvage charge, partial loss arising out of the fire which would be evident from the Marine Hull policy of insurance which was tendered in evidence and marked as Exhibit -B in this proceeding.
(3.) Although the plaintiff is not required and obliged to adduce any evidence having regard to the fact that the defence of the defendant was struck off by an order dated 30th April, 2013 and the defendant thereafter did not appear to cross examine the witness of the plaintiff, however, the plaintiff has produced Mr. Shyam Sundar Saraogi one of the directors of the plaintiff company to adduce evidence on behalf of the plaintiff. During his examination the plaintiff has stated that on 8th February, 1991 during the dredging operation in River Mandovi at Goa frame supporting the pump and cutter got bent and collapsed into the river water complete with the cutter, pump and the supporting ladder assembly fell and sunk into the river resulting in loss and;